FABIYI JSC (Delivering the Lead Judgment): This is an appeal against the judgment of the Court of Appeal, Ilorin Division (‘the court below’for A short) delivered on 28 October 2004. Therein, the decision of the trial court declining jurisdiction was set aside on the ground that the dismissal of the respondent from the service of the 1st appellant was not done under the provisions of the Public Officers (Special Provisions) Act, Cap. 381, Laws of the Federation, 1990. The court below felt that the jurisdiction of the trial High Court was not ousted by the provision of section 3(3) of the above stated Act.
The respondent, as plaintiff at the trial High Court, claimed against the appellants as defendants in paragraph 17 of the statement of claim thus: “17 Whereof the plaintiff claims against the defendants jointly and severally as follows: A declaration that the purported dismissal of the plaintiff from the service of the Kwara State Government vide a letter Ref. No. S.04144/261 date…